Wasim Ali Andanr v. State Of West Bengal

12.03.2021 AN/ Ct. No. 4 C.R.M. 11166 of 2020 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Samserganj Police Station Case No. 265/2020 dated 06.12.2020 under sections 498A/302/314/34 of the Indian Penal Code, 1860. And In the matter of : Wasim Ali & anr. ... Petitioner. Ms. Shabana Hasin ... for the Petitioner.

Mr. Aniket Mitra ... for the State.

Mr. Tapodip Gupa ... for the defacto complainant The present application under Section 438 of the Code of Criminal Procedure, 1973 filed at the instance of Wasim Ali & anr. is taken up for hearing and order.

It is submitted on behalf of the petitioner that they are brothers-in-law of the victim and reside in a separate residence which is away from that of the victim. The petitioners are high school teachers and have no involvement in the alleged offence. The State opposes the prayer for bail and refers to the postmortem report of the victim as well as the statement recorded under Section 164 of the Code of Criminal Procedure.

It appears from the material available in the case diary that the victim was allegedly throttled to death when she was in her family way. Incriminating material as transpired against the petitioners during investigation which is in progress.

Considering the gravity of offence, prayer for anticipatory bail is rejected.

CRM 11166 of 2020 is disposed of.

( Arindam Sinha, J. ) ( Suvra Ghosh, J. )